Implied status vs maintained status – what’s the difference?

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Kabir & Alam Lawyers

Implied status vs maintained status – what’s the difference?

Many people still use the term “implied status,” but the correct legal term today is maintained status.

What is maintained status?

Maintained status means that,

  • You applied to extend or change your status before it expired; and
  • You are allowed to stay in Canada under the same conditions until a decision is made on your application.

This applies to workers, students, and visitors.

Why was the term changed?

We now use the term “maintained status” to better reflect that your legal status continues while you wait for a decision.

Even though people still say “implied status,” they usually mean maintained status.

What can I do while on maintained status?

What you are allowed to do depends on your previous permit. For example,

  • Workers can usually keep working under the same conditions;
  • Students can usually keep studying; and
  • Visitors must continue to follow visitor conditions.

In other words, if you’re studying in Canada with a valid study permit, which is about to expire, you can submit an application for another study permit.

Until Immigration, Refugees and Citizenship Canada (IRCC) makes a decision on your new study permit application, you can continue studying at the same college or university until IRCC makes a decision on your application.

What happens if my application is refused?

If your extension application is refused,

  • Your maintained status ends; and
  • You may need to restore your status or leave Canada.

How can Kabir & Alam help?

We can help you understand your status and avoid falling out of status.

It’s important to keep in mind that if you stay in Canada without status or authorization, then this may impact any immigration application you submit later.

Book a consultation with us today, so we can advise you of the next steps and how you can restore your status.

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